Historical Newspapers of South Carolina

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"graft" account, sale of stock, sup- E plies, etc., to be $401,105.82. Deduct- I ing from this amount the cash on I hand or received shortly after the or- I ganization of the former commission, and the interest received, we find that the net result of all the cash realized kom the sale of the assets of the State dispensary, "graft" account, overjudg ments, etc., has amounted to only ] $131,583.92, the said amounts deducted mot being realized from the sale of as sets, but was already on hand or earn- I ed as interest on deposits. Exhibit "C" is a statement of the disbursements of the former commis sion. According to the report of the American Audit company, there was due to distilleries, liquor dealers, brewers, breweries and for supplies,' $737,592.43. The former commission paid on this account in cash, as shown by this ex hibit, $388,640.23 to liquor dealers, $15, 506.34 for supplies, and sold to or re turned whiskey to dealers valued at $124,161.63, making a total of $528, 308.20. We find that the reports of the for mer commission show that $151,685.93 was received on the "graft" account, and that $13,292.03 was refunded to those who had paid it, leaving as the met amount collected and turned over to the former commission from that r source $138,393.90. Fifty-one thousand, one hundred and seventy-four dollars and forty cents was deducted from the amounts of claims due by the State dispensary on account of ov'ercharges on those d claims, and $122,297.72 was deducted C from the same claims on account of overjudgments found against the claimants in the matter of old and prior sales made to the State dispen sary, as is shown by settlement vouch er No. 881, of Anderson, Felder, Roun tree & Wilson. Adding these three last items together, we find that the entire and gross amount recovered for the State on account of "graft" and a reductions of accounts amounted to $311,866.02, plus $23,013.75, amount of claim of Carolina Glass company, making a total -of $334,879:77. The ex- t penses of the former commission, as t sihown in Exhibit C," amounted to C $280,981.83. Among t.hese expenses, b as shown by the reports, resolutions and books of the former commission,! there was paid as attorneys' fees and a expenses and detective services $181, 183.87, and in addition to this amount $15,000 of this fund has been appro- t: priated and placed at the disposal of f the attorney general by the general o assembly for the prosecution of viola- s tors of the dispensary law, making th f' total for attorneys' fees, expenses and i detective service to be $196,183.87. Of' Y this amount it appears that the firm t of Anderson, Felder, Rougtree & Wil- t son received from the commission and retained from collections made by s them as fees for their services the I sum of $145,338.29, of which $125, 083.43 was paid by the commission in r cash and the balance, $20,254.86, was I withheld and retained by them as fees t and commissions On amounts collected t by them.E It appears that some part of the s amounts paid to attorneys other than s Anderson, Felder, Rountree & Wilson C were afterwards collected from the li- c cuor houses engaged in the litigation i in the UTnited States court, by certain c amounts being deducted by the~ former i commission from the claims due these I liquor houses by the State, but we I have been unable to find anything in the books or records of the former I commission that would show what t portion of these amounts was for at-e torneys' fees and expenses and what i portion was for costs and disburse- Ic ments properly allowable and taxa ble in the United States Courts against I the liquor houses. It appears to us t that, under the terms of the contractC with Anderson, Felder, Rountree & I Wilson ( a copy of which contract isf appended to this report and markedC Exhibit "E"), the said firm was chargeable 'with these amounts which were paid to attorneys as f-ees and: expenses and that the power of the,] commission should not have been used and exercised on these litigants to I force them to pay attorney's fees and expenses which should have been paidi by the said firm under the terms of their contract. It appears to us that other amounts have been paid by the former1 commission that should have been paid by the said firm, in accordance with the terms of the contract, the I fourth paragraph of which provides that "the expenses, f.ees, charges and1 all moneys in any way expended in,i thie prosecution of said work shall be borne by the parties of the first part: and no claim for any of the same shall : at any time be made upon this corn mission or the State of South Caro lina." Among these items we believe ta a large portion of the expenses of the attoneyo general, . Frnar Lyn., hould have been paid by Anderson, 'elder, Rountree & Wilson, instead of )y the commission, as well as the fol owing items, or a large portion there >f: Uttorneys' fees to A. M. Lum kin ... ... ... ... ... ...$ 428.42 Expense account of Niels Christensen ... ... ... ... 714.14 . W. Haskell ............ 50.00 .mounts paid stenographers 763.95 kmounts paid detectives .... 6,978.30 -I. C. Highley, accountant .. 364.98 3erry Benson, accountant .. 4S7.10 kmerican Audit company ... 7,637.54 We append hereto cash statement, narked Exhibit "D," which shows in letail the receipts and disbursements f the present commission. As will >e noted from the statement, $28, '37.95 was turned over to this com nission by the former commission, .nd we found that there was $4.12 on [eposit in the Palmetto National Na ional bank to the credit of the com aission. We have received since that ime from the board of control of eorgetown county $777.14, and from he board of control of Beaufort coun y $660.80, which they had in hand to e turned over to the State dispensary ommission. We found that the funds on hand elonging to the commission were not rawing any interest, and they were emoved from the bank in whidh they rere deposited to other banks, which ,re named in the statement, and de osited to the credit of this commis ion, the said banks agreeing to pay ur per cent. interest per annum for he time the funds were actually on eposit. In consequence of this action n the part of the commission $529.73 ad accrued as interest on the depos Ls up to January 3, 1912, and has been laced to the credit of the commission. As will be noted, Exhibit "D" cov rs the transactions of the present ommission up to and including Jan ary 3, 1912. There are still outstanding a few dditional bills against the commis ion, which have been presented. 'hese will be paid within the next ?w days, and the commission will ien turn over to the State treasurer 'e amount left on hand, with the ex eption of a small amount retained y the commission for contingent ex enses.. The commission concludes it report. s follows: Conclusion. "The commission thought at first at it would be in a position, after a sw meetings to make a final report f the condition of the State dispen ary affairs to your excellency, but it >und at the outset that the records rere in such condition (and we invite our attention to them) that it would e a mos difficult task to ascertain die true status of the affairs. "We were further delayed and ob tructed,in our work by the former ommission refusing to turn over the ouchers, which matter is hereinabove eferred to. In order that the comn aission might become familiar with hie true condition of the affairs of lhe old State dispensary, it was nec ssary to hav:e the possession or in pection of these vouchers, and con iderable delay and expense was aused by the refusal of the former ommission to turn them over; it be ng necessary to use th~e drastic pro ess of the commission, the proceed ngs finally winding up in the su reme court, with the result above aentioned. "An expert accountant was em loyed to examine into the records of he State dispensary and of the form r winding-up commission, and this vork was necessarily tedious and re uired much time. "In correspondence~ with Anderson, elder, Rountree & Wilson relative o their contract and the outstanding laims which they then had in their ands for adjustment, we were in ormed by them that the -following laims were unsettled: Richlanid Distilling company, Co umbia, S. C. Alfred E. Norris & Co., Philadel hia, Pa. Old Federal Distilling comnpany, ~ouisville, Ky. Kohn Distilling company, Montgom ry, Ala. Eagle Rock Distilling compaiiy, Bal imore, Md. Elias Block & Son, Cincinnati, 0. Bluhenthal & Bickart, formerly of Ltlanta, Ga., now of Baltimore, Md. Acme Brewing company, Macon, "Mr. Felder, who was under obliga ion by contract and by his profes sional <luty to turn over the records n the cases in which he had been em loyed, was requested to appear be ~ore the commission and furnish it vith all facts and evidence that he aad in connection with these claims, ut, as hereinbefore stated, he refus d to comply with the request. We ave been unable to find any evidence r reords of anything with regard to these outstanding claims, with the single exception of the Richland Dis tilling company, which is located in Columbia, South Carolina, all of the other claims being against non-resi dents of the State, and in that claim nothing but the pendency of the ac tion in the Richland county courts hereinabove referred to. "The attorney general gave us no information in regard to the claims, stating in connection with one of them that he had been cut off from his source of information by the termi nation of the contract with Anderson, Felder, Rountree & Wilson, and that he could not proceed any further in the case referred to unless the coin mission furnished him with the evi dence and facts upon which to pro ceed. "The commission has, therefore, concluded that all of the above men tioned claims should be closed out, with the exception of that of the Richland Distilling company, which is now in process of adjustment and which we had hoped would be closed up before this report to you. "As will appear from our records, sev'eral petitions were filed with the commission by liquor houses asking for a rehearing on their claims, and certain claims were filed by indivi duals for detective services and salar ies all of which have been refused. "A few claims incurred by and ap proved by the former commission have been paid by this commission, as will appear by our statement of disbursements." PENSION FOR CAPT. "BILLY." Veteran Conductor Appreciates Ac tion of Southern Railway. Anderson, Jan. 25.-Capt. "Billy" Smith, the veteran conductor, who has given fifty-four years of his life to the service of the Southern railway, has been retired on a pension of $40 a month. Capt. Smith said this after noon that he appreciated what the of ficials have provided for him, but his many friends are a little surprised over the smallness of the pension. A month or two ago a petition sign ed by several hundred travelling men, asking for the retirement of Capt. Smith on full pay, was sent to the head officials of the road, and in view of this fact, and the fact that Capt. Smith has been a most faithful ser vant of the road for so 'onet, the pub lic generally is a little surprised at the small allowance made for him. A notice of the pension was received by Capt. Smith here today. EXECUTOR'S NOTICE OF FINAL SETTLEMUENT. Notice is hereby given that on Mon day, January 15, 1912, at 11 o'clock a. in., we will make a settlement of the estate of the late Mrs. M. A. E. Werts, in office of Probate Judge at Newberry, S. C. All and singular the creditors are hereby notified to present their claims duly attested to Clarence F. Werts, executor, and all parties in debted are required t>' nake payment to the undersigned on or before said date. Susan M. Werts. Executrix. Clarence F. Werts, Executor. Of Mrs. M. A. E. Werts, Deceased. STATE OF SOUTH CARQLINA, COUNTY OF NEWBERRY. By virtue of executions lodged with me in the cases of South Carolina Loan and Trust company against J. A. Blackwelder, J. J.' Lane and J. D. Davenport; South Carolina Loan and Trust company against G. D. Daven port, M. A. Carlisle and others; Bank~ of Columbia against M. A. Carlisle, et al; Wallace B. Todd vs. J1. J. Lane; Bailey & Son vs. J. J. Lane, et al; Georgia Chemical Works vs. J. J. Lane, et al; First National Bank ol Clinton vs. J. J. Lane, et al; Palmettc INational Bank vs. M. A. Carlisle, et al, (as well as by virtue of various other executions lodged with me) I will sell within the legal hours of sale on sales day, being the 5th day of February, 1912. subject to the mortgages that exist upon it, all that' tract or planta tion of land belonging to James J. Lane, one of the defendants in the above stated cases, situate in the County of -Newberry, in the State o1 South Carolina, and bounded by the road which leads from the residenc: of B. C. Matthews,. in the direction 0. the residence of B. F. Mills, whici Iseparates it from lands of S IP. Crotwell; by lands of George Johnstone; by lands of J. A Caldwell; by lani. c' the esta.te of E~ R. Hipp, from which it is separate( by the public road that leads from th4 Itown of Newberry to the old stean mill; by lands of Ros'emont cemetery; by lands of Mr. and Mrs. F. N. Martin; by lands lately the property of Jame: JT TLne, but now owned by the New. d .' .. place mour sav will gind wile-y Capial toc -d - - JAMS cITOI, Preidnt aryRelEsae opay and by a :ree of he twn o Newerrywhic E coutithhsal will m oepac,a :ae,sbjc the mrtage. Tifo -at bf ankspoe toco unain eres p)aeo e d exac ourmberi Sce wntbillgrkno ndwhile IC permscentspai: Cnsh he NewberryCony A FOFceNNEWBAErm Sheh&are,saitalgcog Sock - berr, sudealy sattoanyd by p Of m coitaruedws a Cnain of arrn- I gaesr o., this prpet and 2)yforderu 'statde, wrral subject to theroupge. i Sraoetimes is severee atocontai W e some, tw hunred afrad niny oul9die aces,c moe oroess that nubernGU Shey r ing' NewDicvry uty 1 7i~ nsotherifs. ffce Ja10 191.Asha ayi tfevr hlare, artling cough, Vriga c.0.iald bodnlttaefreod by Wu. Of- er a tena it aoson- LewsuCatrie,of an che, 0,(.D.2for thatorzdaentill fou rte we olwere aaid.aeywd ie,o >r bthsne proed hataka rtn Caaf emDr.ol g'sop ew D iscoery is,: wehanoar Weay Januy on0.fo sandsire,oThrsdo ay FreshFriday, any er landipe you2.tha, ein 86, heorryagest Mody, beforeary 15c.an Fomaria Tuesdy,ountaryes. EMayinOR FISA, JanARy 191. I Tiecm Prospri ty, onzd agnt,Tuesday, Ltte foowin, placesday,me below ONealbeTrrdy, January 259,icls. KSnrd Wedkes,rday, January 1. Jollystorees, Monday, January 1. Soirtr, Tuesday, January 0. Chapel, Wednesday, January 17. An atmhYe Thubrsy Jantlbuary 18. K Mabinon,Friay,Janary19. comes in excess of $2 Property,Monay nd uesay,There shall be a c Janury 2 and23.fifty cents on all do; I Lttl Montan, ednsda, Jnu-to be expended'for Dogs not returned fc O'Nell,Thurday Janary25. not be considered as of the courts of this Lonshoes,Monay,Janary29. All male persons b I Slvestret Tusda, anury o.A 21 and 60 years a Chapels, ednsda, Jnuay 3. poll tax, except Coni Andat ewbrryuntl Fbrury 0,or those persons inca I aterwhch at a enltyofSo era support from bel ent. will be added against all persons, from any other caus( irms or corporations failing to mako Nothing but person their returns, be assessed this year The law requires a tax to be charg- who have bought or d on all moneys, notes and mort- tate since last returt gaes as an inom ta on gro in- note such transfers r M ( " M ABA4 Y ney spent come irnish grist for start with it a ,il) continue to e aigs deparmen >U s leep. Four wmngs . accoun. )UNT TO-DA Y Savigs Bank Co R , '.C - $5,000 ES BACHELO MAD JNfND TOOUR ney P.JsPwpeentscm ~t'reats griset ford str tpa th arudth aol he0 milrld and esif tw Eduad teparen )Uasle Chorec aingc. 50.B3c,ank 25c iihtR$.0, S5., .c,ad2. ,50 fo $50,0.0 Jptaio tax ORWOODl Crprymsease da pOper a Husace ousellfrcs. State. Pow earsedontsk htyu rp etwee Greatesety Coeermth anditrsu reliabl triu palict tor m around tetun or igO miled ovr blans and sedand iwn tob reemonth sn isting ment .ifrn nande brpry His Latewery,sty Kin KItIE pers n ceame Pftwsipendsho,ds pitatan reaxlofes- rprity must be ivenonee retn ar te reeds t ru vl EUG. whic iWcnsEdRT wee ha genrs Audibe taknfom thwerr au onr'sd.